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BCC Minutes 12/03/1985 R .. .. - ./ , f . .. '. ..,. Naples, Florida, December 3, 1985 LET IT BE REMEMBERED, that the B~ard of County Com~issionors in and for the County of Collier and also acting as the Board of Zoning ~peals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SISSIO. in Building -F- of the Courthouse Complex, East Naples, Florida, with the following ~embers present: .I. CHAIRKANt John A. pistor VICE CHAIRKANt Anne Goodnight Frederick J. Voss Ma" Hass. I C. C. -Red- Holland ' I I' i ALSO PRESENT: James C. Giles, Fiscal Officer; Maureen Kenyon, Deputy Clerk; Burt Saunders, County Attorney; Ken cuyler and Bruce Anderson, Assistant County Attorneys; Donald 8. ~~sk, County Manager; Neil Dorri11, Assistant County Manager; Pam Brangaccio, Deputy Assistant County Manager; Vickie Mullins, Community Development Administrator; David WeekS and Ann MCKim, planners; Tom Kuck, Public Works Administrator; Tom crandall, Utilities Administrator; Tom Olliff, Fleet Management Director; Don Norton, public Services Administrator; Bob Fahey, Solid Waste Director; Dr. Ed proffitt, Natural Resources Management Director; Dr. po1kowski, Health Director, Sherry Rynders, Risk Management Director; Nancy Israelson, Administrative ASsistant to the Board, and, Deputy Curtis Mills, Shariff's Department. '\ ' t~ >,1 .... ¡ '~", i ,:.~ :, f.. ~ '~ ~ ;¡ ,~. 0" f ~1 ;'*__' ~ ~ '. . .; 'OO( 091p1Gt 94: '"'_"_""_"."""~""_""""""'~"V"""'---""'''-'··- ~! .....:.,¡~..~..............{.. 't-)" .. ,y , 'If ~. .....~ ".~. of, ,.¡~..;1 .;~. ~t' ';' ,;~. ,. . '" 1-,1 , '. , '", page ......,0···"·',.."....-- .. .. .. December 3, 1985 '1'a~ 11 I tea 11 AGENDA _ APPROVED WITH THE fOLLOWING CHANGE Co..i..ioner Vo.. ~v.d, ..conde4 by Co..i.sion.r B...· .nd carri.d unaniaously, th.t th. .g.nda be .pproved with the following ch.nge' a. Item 16Bl re Bid 1907 be moved to Item l3C It.. 12 1985 _ APPROVlD AS PRESENTED MINUTES or NOVEMBER 12 AMD 19 ..cond.4 by Co..i..ioner B.... an4 .inut.. of Nove.ber 12 .nd 19, 1985, b. Co..is.ion.r Vo.. ~ved, carried un.niaou.ly, that th. .pproved .. pr...nt.d. Ite. 13 PETITIOM R-8S-1SC, KIVI- J. KILLILEA, :~~~ZSIMTI»G rIRST PLAZA CORP~ - CONTINUED TO DECEMBER 10 1985 Co..i..ioner Vo.. ~.ed, .econded by Co..i..ion.r Bollan4 an4 carri.d unani.ously, that p.tition R-8S-15C, b. continu.4 to Deceaber 10, 1985. Ite. U PETITIOM R-aS-16C, m GLADIS, I.e. U REZO.IIIG nOM Ml-6 '1'0 PUt) rOR WINTERPARK KORTH _ CONTINUED TO DECEMBER 17 1985 I- Legal n~tice having been published in the Naples Daily News on November 1, 1985, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition R-8S-l6C filed by Dr. Neno Spagna, representing the Glades, Inc. requesting a rezone from RMF-6 to PUD known as Winterpark N~rth, for a ma)(imum number of 96 dwelling units on appro)(imatelY 8 acres for property located on the south .ide of Davis Blvd. .pproximatelY 600 feet ea.t Airport Road in Section 12, Township 50 South, Rang. 25 East as indicated on Zoning Map SO-25-1. planner McKi. stated that the objective of this petition is to develop approximately 8 acr.s with a maximum of 96 multi-familY dwelling units with a density of 12 units per acre. She noted that the lands to the north, across Davis Blvd. are zoned C-SJ lands to the ea.t and south aro zoned PUD and lands to the west are zoned C-4. She reported that to the north are car and motorcycle sales, service and repair businesses, retail sales businesses, and a professional office, i~~~ 091p~,,!100 Page 2 · ,~~~ 091,)"t101 December 3, 1985 to the east is winterpark Blvd. and undeveloped landJ to the south are multi-familY units and tennis courts which is ~interpark PUD and to tne west is Scotty's. She indicated that Staff and all County agencies reviewed this petition and recommended approval subject to amendment of the PUD document to include Staff's stipulations per th~ staff report dated November 14, 1985. She noted that the Ccpe held their public hearing on November 12, 1985, and unanimouslY recommended forwarding petition R-S5-16C to the Board for approval subject to amendment of the PUD document per the staff report. She reported that there were three letters of opposition received with one objecting to the density proposed, one objecting to havin9 commercial business close to thei r ., property, and one objecting to both-density and commerical. She reported that the proposed density of 12 units per acre is consistent with the existing winterpark PUD, which lie. to the south and east of the subject property. She stated that this rezone petition does not include commerical uses, adding that it is strictly proposed as a residential PUD. She indicated that no one spoke for or against the petition at the CCFC meeting and the PUD dOcUMent has been revised per cepC's recommendation. commissioner pistor stated that ~hen this development is completed there will be a road that runs into LakewoOd Blvd. which will onlY be about 400-500 feet south of Davis Blvd. and it could be a dangerous intersection. Se stated that he would like to have the developer pay for the widening of Lakewood Blvd., to put an island in so there can be no direct cross traffic. Planner McKi. stated that there i. ad amendment proposed at this time to the Winterpark PUD to allow connection to palm Drive and in Staff's review of that petition, there has been a lengthy discussion about this situation. She noted that that petition will be heard by the Board on December 17, 1985. She stated that the petition being heard this date does not include that intersection. Assistant County Attorney cuyler stated that this petition could be continued until the 17th of December if there are traffic safety considerations and they could be resolved alon9 with the other petition that is amending the Winterpark PUD. He noted that the two petitions are separate and it should be addressed on the 17th of December when the other petition comes before the Board. Dr. Neno SpAgna, representing the petitioner, stated that he would- like to proceed with this petl~ion this date, adding that he has been .. .. .. "..~""""''';''';......,.'''.. ""~""""'"''''';''''''' '" , .. .. .. December 3, 1985 negotiating with the staff regarding Lakewood Blvd. He stated that this is the last phase of the development and they would like to get the development co~pleted, adding that they have agreed to all stipula- tions of staff. He stated that at one time this petiti~, WðS part of the Winterpa rk PUD an:! .It s1gnated as commercial use, but when the Comprehensive plan was adopted it frowned on strip zoning and staff wanted some other use put in there and at that ti~e, the commer1cal property was taken out and they applied for the multiple residential use. Mr. Gary Beyrent, representing the petitioner, stated that he would like to have this petition postponed until the 17th of December, adding that the traffic situation on Lakewood Blvd. needs to be worked out and it should be done in conjunction with this petition. Col. John Beebe, President of Lakewood Civic Association, stated that the Lakewood residents have concerns regarding public safety in possible relation to the proposed PUD. He noted that a fire station site was donated and the people of Lakewood very much appreciate that, but there are problems with the location due to the busy intersection that e~ists there. He indicated that there are various locations that could be used for the fire stat1on. He stated that there are also traffic problems on Lakewood Blvd. ånd one way to reduce that problem would be to close off Northlight Drive from Lakewood Blvd. to avoid cross traffic hazards, adding that the portion of winterpark that lies west of Lakewood Blvd. could be exited by Winterpark Blvd. and the proposed Palm Drive Extension. He stated that on the east aide of Winterpark there would also be an exit available. He noted that there is also a chance that there ~y be two exits onto Davis Blvd. He stated that the bike path should continue and signs could be put up indicating bike crossings. He noted that this would satisfy the concerns of the Lakewood residents. COØl~issioner pistor stated that he has some fine ideas and those ideas should be relayed to the community Development Division ~~d the petitioner for consideration. Co..i..loner Vo.. ~e4, .econ4eð by Co..i.sloner Ba..e an4 carried unani.ously, that Petition R-85-16C, be contlnue4 to Deceabef 17, 1985~ &OM 091 .,.rJ. 102 ~' . ;' \ ~ .. ~ .' ~._"_n""·;·'"'' . . ·~:":iji . ,\.' ~~ . ',': ;~,;?;.:-~ ; .' ,I' -., ~' ~¡:;;ð(;i ,,,. --~.~.,_..,.~-- 091mlO'J beceœber 3, 1985 RZSOLUTIOM 85-254 RE ,ETITIØM AV-85-013, WILSO., MILLER, BARTON, SOLL , putt, INC., MOZNT, RZ \?t.CATUIG pORT I 011 or GG-l AIID MM-2 or THE REPLAT or WYNDEMERE TRACT MAP - ADOPTED Legal notice having been published in the Naples Daily News on November 17, 1985, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider petition AV-85-013, filed by Wilson, Miller, Barton, 6011' Peek, Inc., as h;ents requesting the vacation of portions of Parcels GG-l and MM-2 of the replat of wyndemere Tract Map, to allow petitioner to replat. Public works Administrator Kuc~ stated that the objective is to approve the above vacation which will allow the petitioner to replat. He indicated that the proposed petition is a companion iteœ to Iteœ lOBi. He stated that -Letters of No Objection- have been received froœ all the pertinent utility companies and the WKA9 has approved the petition administratively. He noted that Engineering and Community Development Departments have no objection to the petition. He stated that the zoning for this property is PUD and it consists of 11 acres that the petitioner is requesting to be vacated and combined into a neW plat. He c~nc1uded by noting that the recom~endatlon is for approval of the vacation of the plat and the authorization of the execution of the resolution. co..i..ioner Vo.. ~.e4, .econ4eð by Co..i..ioner Goodnigbt .n4 carried unanl.ously, that the public be.ring be clo.e4. Co..i.sioner Voss .o.e4, .econ4e4 by Coaal..ioner Goodnight and carried unani.ously, that Resolution 85-254 re petition AV-85-013, wilson, Miller, Barton, Soll , Peek, Inc~; Agent., re vacating pórtion. of GG-l and MM-2 of the replat of wynðe.ere Tract Map be adopted. .. ,'1 i. 9' :" I t ¡.. "~ ~ p ~;. Î ,~; tl <'; .. . ~ < " . . ,. . ; ¡ ¡ ~." ì .. .. .. :- I~ .. " ',¡ ,¡ .~, ,4" " 1 ,UUJ; 091~~~109 Ite. 16 rINAL PLAT OF WATER December 3, 1985 _ APPROVED SUBJECT TO STIPULATIONS Public works Ad8inistrator ~uck stated that this is the companion petition to Item 6C1, which was previouslY approved. He noted that the objective is to approve the final plat of Water Oaks at wyndemere. He said that Engineering Department has completed their review of the construction drawings, specifications and final plat for Water Oaks at wyndemere. He noted that these documents are in compliance with the County Subdivision Regulations and Florida State Statute No. 177. He stated that he is asking for final ~lat approval for Kater Oaks at Wyndemere with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received. Co..ission.r VO.. .0.e4, .econd.4 by Co..i..loner ø...· and c.rried unani.ously, th.t th. fin.l pl.t of wat.r O.ts at wynde..r. be .ppro.e4 .ubject to the abo..-t.ference4 .tipulation. Tap. '2 Ite. 17 ORDIXAMCI 85-69 RIPZALIMG ORD. 83-18 A¥D ORD. 84-20 WHICH REGULATED PRIVATELY-OWNED WATER , SEWER SYSTEMS , ESTABLISHED CCURRB - ADOPTED Legal notice having been published in the Naples Daily NeWS on November 13, 1985, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider a proposed ordinance repealing ordinances 83-18 and 84-20 which regulated privately-owned water and sewer systems and established the Collier County Utility Rate , Regulation Board. Assistant County Attorney Anderson stated that on October 30, 1985, the Boar~ directed Staff to prepare an ordinance repealing the ordinance which established the CCURRB, adding that the powers that were once exercised by the Rate Board have been transferr.d to the Florida Public Service Commission. He stated that this is simply a housekeeping measure to remove an obsolete and ineffective ordinance from the books. Co..is.ioner Bolland ao.e4, ..con4.4 by Co..i..ion.r Vo.. an4 c.rried un.ni.ou.ly, th.t the public he.ring b. clo..4. Co..i.sioner Ba..e ~y.4, .econ4e4 by Co..i..loner øo11an4 an4 carried unani.ously, that the Ordinance .. nu.bered an4 entltl.d b.low be adopted and entered Into Ordin.nc. Book No. 221 page j \1' lei'11 ¡ " ·.7'~.::E .. .. .. -----.--.-----.-..-------.-...--.---- ...,...--.."". " ~"'., ,...~",~."." 'i' ~t' :i~," .. .. .. December 3, 1985 ORDIlIIMlCE 85-69 ~ ORDlKA»CE REPEALI»G ORDIMAMCI MO. 83-18 AWD ORDINMlCE MO. 84-20 WHICH RELATED TO T8E REGULATION OF PRIVATELy-OWNED WATER AID SEWER UTILITY SYSTEMS AND ESTABLISHED THE COLLIER COUNTY UTILITY RATE MID REGULATION BOARD; PROVIDING FOR CONFLICT AHD SEVERABILITY' PROVIDING AM EFFECTIVE DATE. Ite. 18 ORDIMA»CI RELATIWG TO LICElSI»G AØD RZGULATIOH OF MOTOR VEHICLES rOR HIRE MID REPEALING ORD. 83-50 - CONTINUED TO ~ANUARY 21 1986 Legal notice having been published in the Naples Daily NewS on November 13, 1985, as evidenced by Affidavit of publication filed with the Clerk, public hearing WfS opened to consider an ordinance relating to licensing and regulation of motor vehicle. for hire and .repealing Ordinance 83-50. Fleet Management Director Olliff stated that on June 17, 1985, he ca~e to the Board with a request to revise the ordinance that is in existence to regulate the vehicles for hire. Be stated that he now has a proposed new ordinance which relates to the same, adding that the reason that the request was øade on June 17, 19S5, was due to some possiblY incurred liabilities on the part of the County through some inspection procedures that the County is not equipped or staffed to handle and through some operator permits issued through occupational licensing. He stated that as a result of that, he had a ~eeting with the Southwest Florida Regional Ground Tran.iPortation Association and the County Attorney and a new ordinance has been drafted which is what he is asking to be adopted. He stated that the ordinance eliminates the two areas of inspections and of actual operators permits, but it does include some new 1anguague which s~ould take care of itself by a self-policing basis. He noted that the new ordinance establishes a public vehicle advisory committee which will review all applications for certificates to operate vehicles for hire within Collier County and the advisory committee will then report all findings to the Public Vehicle Board. He stated that the information provided on the application is the financial status, the number of vehicles, color insignias, and other related items. He stated that some of the insurance coverages have been increased and they are outlined in the proposed ordinance. He stated that there have been concerns raised about the insurance coverage and it is being recommended that the bus trolley insurance requirements be changed to reflect that of the Florida Department of Revenue. He reported that there is action ,o~~ 09Inr,rll0 ...---..."..~.", . . ·~·I~"·'· ,t" . i~!~i:,. .~ ·M'· ", j~~' . }\' . '.,~,¡: Page 7 l ,~( 091,,".111 t>ecelllber 3, 1985 pending by the Florida DepartDent of Revenue to pass new insurance requirements for buses and aulti-passenger vehicles for hire that would become effectiV1r. January 1, 1986. 80 stated that he would like to make the proposed ordinance reflect those changes so that they would be in compliance with State Statute.. Commissioner HaSse questioned if this ordinance is less stringent with regards to the lIIechani~al condition of the vehicles, to which Mr. Olliff stated that the organization is very good at policing themselves and the County will have a representative that acts as liaison between the Board and the Advisory Committee and any situations that arise will be investigated by the County and then a recolIIlDendation will be brought ,'- back as to whether to issue warnings or revoke the certificate that was issued. Mr. Olliff stated that the insurance issue is up in the air, and he is not sure if $3,000,000 worth of insurance as recolDmended by the Risk Manager is possible to obtain, adding that it looks like the Department of ~evenue may raise it to $5,000,000 on January 1, 1986. Risk Manager Rynders stated that it is hard for buses to get large amounts of coverage for a reasonable premium, adding that a lot of thelll would not be able to obtain insurance at $5,000,000 coverage and still be able to operate. CommiSsioner pistor stated that he is concerned that if there is an accident and it goes to court and a decision is given that the vehicle owner was responsible, then the insurance company will only pay $50,000 per person as a maxi~um and the vehicle owner would be liable for the rest. He stated that he i~ also concerned that .ome of these companies do not even issue that type of insurance for that amount. Commissioner Holland stated that the Commission took action a while ago to send a person to Tallahassee if needed and he thinks that there is going to þe a lIIandate handed down by Mr. Gunther (State Insurance Commissioner). Hø stated that a company may have to go out of business because they cannot get liability insurance because most companies will not issue that type of insurance. The following people spoke against the ordinance only with regards to the insurance issue, citing the facts that only $1,000,000 coverage is needed and not $5,000,000, that it will put a lot of vehicles for hire out of business, that it will hurt tourism, it will hurt the elderly people, the travel agents, the hotels, the restaurants; that the County should wait and see what the State is going to do, that the .. .. .. ________,·!I<c.,,''''~,···· ., "---~..--- .. .. .. December 3, 1985 proposed ordinance should be changed on page 2, paragraph A4 to delete the words -the route of which originates- so that this would cover any bus that comes in or 90es out of collier County, Pamela Kelliher Jeanie Toepfer C:;a ry Mastro Oc:i Richardarson Raylllond GallMrk Richard cervd1i Commissioner Voss stated that paragraph A4 could be changed, adding that the proposed ordinance se.ms to be fine with the exception of the insurance issue. 1s going that the coincide to have to co~ply with insurance paragraph with the State's Mr. Olliff stated that the County whatever the State sets up. He stated could be changed to read that it would requirements. Commissioner Holland stated that the ordinance doeS not indicate whether a limousine can be considered a taxicab or vice-versa. He noted that he would like to see the proposed ordinance continued until something is determined at the State level. Tape 13 Commissioner Holland stated that he is asking that on next week's agenda a resolution be adopted to be .ent to Senator Mann and Representative Hawkins aSking that they ask commi~sioner Gunther why there is a problem in trying to get the type of insurance coverage that is needed and to get some help for Collier County. He stated that if the State can mandate that a company insure a drunken driver, then the State can also mandate that a legitimate business be insured. He stated that this would have a definite bearing on this ordinance. Coaai.sione, vo.. ~Yea, .econde4 by Co..i.sloner Basse an4 carried unaniaously, that the ordinance relatin9 to l1cen.ln9 an4 re9ulatlon of aotor yehicle. for blre an4 repealin9 Ordinance 83-50 be continued to January 21, 19a6~ Commissioner Rolland requested that the above-referenced resolution be put on next week'S agenda, to which Commissioner pistor directed same. Commissioner Holland questioned if these people could be allowed to charge a reasonable increase in the interim, to which Commissioner pistor stated that a rate sched'.Ile could be arranged and brought back next week. f _ . ~1~ .j, ~,.. ,,' f.. .,.' 11y.':·~· ¡ ",' .,. l~" {!":~t~J. ....~. ,I'J¡ . I¥ :('~":j '.' Assistant County Attorney Anderson stated that the old rates can only be changed by an amendment of an ordinance which would have to be done by declaring an emergency. &0011: 091 'I';t'".: 112 page 9 . "_."^___.")",..,;¡"".~,-,,.,,_,~.,.,,,..,~.....,,,. .~"" 'M+"_ "', .-......., "".,..". -,.-,,',> .,' ,o~ 091'-1r.!113 ..... Rece..1 December 3, 1985 t . -. 10110 A.M~ - Reconvene41 10120 A.M. ..... Ite. 19 RESOLUTtOM 85-255 RE PZTITIaI pu-aS-lac, REYMOLDS ALUMINUM RECYCLING co. RE PROVISIOMAL USE -8- or THE -1- %OMIMG DISTRICT rOR RECYCLING or ALUMIMUM ON ENTERPRISE AVENUE EAST or AIRPORT ROAD - ADOPTED Planner McKim stated that the objective of this petition is to con.truct a can flattening plant for the recycling of aluminum. She indicated that the .urrounding lands are zoned Indu.trial and to the north is a vehicle and boat .torage yard, to the ea.t are miscellaneous fabrication and repair busine....' to the south i. suncoast Steel Corporation, and to the west is a vehicle storage lot. She stated that this property i. on Enterprise Aven~e, 1/3 ~ile east of Airport Road and consists of five acres. She noted that the can flattening plant will actually be located on a portion of this lot through a lease agreement between the property owner and Reynolds Aluminun, addin~ that this portion of the lot does not meet the requirements of the zoning. ordinance. She reported that should Reynold. Aluminlø ever purchase the property, it must meet the minimun standards, such a. lot size and width, as required by the Zoning Ordinance. She indicated that Staff and all agencies reviewed the petition and recommended approval subject to the stipulations found in the Executive Summary. She indicated that there were objections voiced at the cepc meeting which indicated that this plant would devalue the surrounding property. She noted that correspondence was received indicating objections, no objections, and requesting additional infor~ation. Mr. A. Nevin Isenberg, representing Reynold. Aluminum, stated that they have been coming to Naple. from Miami for several years one day a week and almost two year. ago a permanent location was established to see if they could make a go of it here on the volume of aluminum to be recycled. H. '.tat.d that they found it is a viable location and the reason that they would like to flatten the cans is because it reduces the transportation cost tremendously. He stated that there will be two trailers at the location and the cans are blown into the trailer by a mechanized system and the only noise is that from the inside of the trailer. planner McKim stated that the main objection was that provisional use -b- in the ordinanc. lists other types of uses and if Reynolds left the property another use may be able to go in there, adding that this is not the case a. the provisional use is onlY for this specific Page 10 ... .. .. .".~._._..."",~;-,,,,'--'_;"_~'~"<";.'"-"-"_;""N' .. .. .. Dec.~b.r 3, 1985 purpos,. co..i..ioner VO.. ao¥.d, .econ4.4 by Co..i..ion.r H...· .n4 carried un.ni.ous1y, that Re.olution 85-255 r. p.tition PU-85-18C, Reynold. Alu.inua Recycling Co. r. provl.ional u.. -b- of the -I- zoning di.trict for recycling of aluainua on Ent.rpri.. Avenu. east of Airport Ro.d be .dopt.4 .ubject to the Finding of r.ct and th. .tipulation. a. contain.4 in th. Petitioner'. Agr....nt. ., I ~ .. &otlt 0911'1r~ 114 'IIO,~.~...-"",",,,,,,,,,,g,...,_.,,",,". -. " .\ page 11 l December 3, 1985 aoaK 091 p}r,( 119 Ite. 110 SUPpLP\PlTAL AGRZEMØT rOR PRorZSSIOMAL SERVICES WITH TBE JOINT VENTURE or BOLE, MOMTES AND ASSOC. AND WILSOØ, MILLER, BARTON, SOLL · PEEK, IIIC. rOR TB& PIME RIDGE IMDUSTRIAL PARK AREA IMPROVEMENT ASSr.SSMENT DISTRICT - APPROVED Public Works Administrator Kuck stated that the objective of this petition is to approve the negotiated consultant fee to prepare the final design for the proposed improvements in the pine Ridge Industrial park Assessment District and to a execute supplemental agreement and approve financing for sa~e. He stated that the consultant has agreed to perform the required services for the final design phase, bidding or negotiating phase and construction ~hase within 270 calendar day. for a lump sum of $300,000; and the consultant has also agreed to provide easement, right-of-way and topographic surveys and prepare descriptions for easements and rights-of-way as may be required by the owner for an estimated fee of $55,000. He reported that the cost of the preliminary engineering report prepared under the original agreement was financed through ad valorem taxes in Fund 132, pine Ridge Industrial Park MSTU, adding that subject to audit, the remaining balance in Fund 132 is $145,500. He noted that. upon approval herewith, a budget amendment will be processed to establish a fund for the pine Ridge Industrial Park Improvement ASsessment District into which the remaining balance in FunJ 132 will be transferred. He stated that it is recommended that the Finance Department be authorized to secure a loan to provide the remaining funds required to fulfill the proposed contractual payments as outlined in the Executive Summary dated December 3, 1985. He noted that the loan would be repaid through the assessment method. He concluded by stating that he is requesting that the Board approve the negotiated consultant fee of $355,000, execute the supplemental agreement with, the consultant and authorize the Finance Department to secure a loan in the amount of $245,000 to fund the required services. Fiscal Officer Giles stated that he is recommending that the consultant work be funded as it has been funded in the past from ad valorem taxes from this fund and provide a schedule of past engineering work for this. He stated that traditionallY, engineering services are paid for through an ad valorem tax rather than special assessment. He noted that of the $6.3 million to be funded, over half involves water and sewer projects and an analysis from the Attorney is needed as to whether he would have to go through the Ta)( Collector's office for process of collection of this, adding that because of these complica- Page 12 - .. .. ,,-~..---..'---' ""_.".,';""'~"..,...,._"'--_.,_.-.,-- - -----..- .. .. .. December 3, 1985 tions security for the loan should be the ad valorem taxes as in the past rather than complicating it with the special assessment. commissioner voss questioned if it would b. repaid from the special assessment, to which Fiscal Officer Giles stated that it should be from the ad valorem tax because th.r. is not an adopted assessment roll and all past consultant work has been from ad valorem tax. Commissioner pistor stated that the pine Ridge Industrial park Assessment District has been approved and questioned why the money cannot be collected throuqh that Di.trict? FIu~al Officer Giles stated that he did not know if the roll had been formallY adopted, adding that he brought this up in MaY, 1985, that being $6.3 million, the County should look into the ad valorem method of collection because there is difficulty in securing the financing if the traditional route is used as far as looking to inðividual foreclosures to collect on delinquent accounts. Commissioner pistor stated that a special MSTU would have to be set up for ad valorem taxes. '1'ap. 14 Fiscal Officer Giles stated that the specia~ MSTU has been set up since 1981 and this practice should b. continued as it is the best security for the loan. He stated that if the Board prefers to go with the special assessment route, the Attorney will have to draw uv the securIty. He stated that it is ad valorem .trictly for that district. He said that over half the project is water and sewer and he would like to know whether that forces the County under the provisions of the water and sewer statute that mandates that the County go through the Appraiser and Tax collector's offic. to collect the special assess- ments, adding that there are a number of big projects coming up. He stated that the consulting work could continue and he is requesting that the ad valorem tax be pledged agfinst the loan that he obtains. He stated that there is $145,000 available to start the project. Commissioner pistor stated that Fiscal Offic.r Giles could figure out the mechanics that he wants the Board to go along with. coami..ion.r Vo.. aoved, .econded by Co.-l..loner Bas.. and carri.4 unaniaou.ly, that th. .uppl...ntal agr....nt for pròf...ional .ervic.. with the joint venture of Hol., Mont.. and Assoclat.. and wil.on, Miller, aarton, Soll 5 Peek, Inc. for the pine Rldg. In4ustrial park Ar.a I.prov..ent As......nt District be approved. m~ 091 w.! 120 _...--..,~-->--..^ ~. ,"" Page 13 .. .. .. December 3, 1985 Ite. . 11 PERMANENT POSITION ENTITLED MSTU AC UISITIOH AGENT - APPROVED Public Works Administrator Kuck stated that the objective of this item is to provide for a staff øember who will acquire necessary easements for MSTU acquisition projects, adding that the Board has recentlY granted approval for the commencement of three major MSTU projects. He stated that the Board authorized the Public works Division to follow through with different phases of research and design for each of the assessment districts, which are pine Ridge Industrial park and will require 300-400 easements, North Naples Road Assessment District which will require 170-200 easements, and Naples production Park which will require 150-200 easements. He stated that ,the acqui- sition of the easements for these and future assessment projects will be the responsibility of the Real Estate Section under the Public works Division. He noted that in preparation for the projects, Staff conducted a workload analysis study and it has been determined that existing staff will not be able to handle the additional workload from the MSTU projects. He stated that the initial responsibility of the MSTU Acquisition Agent will be to learn County policies and procedures as well as being responsible for setting up a data base management and inventory program for the assessment district prior to commencement of the first project. He stated that primary responsibility, once the projects start, will be project coordination with all property owners within the districts. He reported that the job description of the position will be in accordance with the established position of right-of-way specialist with a salary range of $16,446 to $23,024. He noted that the position is proposed in the current budget department Fund 001-113-2310 with all salary expenditures reimbursed from the MSTU funds. He noted that the Florida State Statutes are requiring that an inventory of all County property be established and this proposed position will give a little more ~le)(ibilitY with Staff 80 that the inventory list can be prepared. He stated that in the previous item, one of the figure. was for $55,000 for easements and if this position is approved some of that work CQuld be delegated to this position and there would be a savings on that $55,000. Commission.r Holland questioned if there is any possibility of doing this on contract, to which Mr. Ruck stated that this has been done in the past and he believes that it could be more cost effective in-house for this amount of easements. '00'1. 0911'~r,t12ß Page 14 ~----"~"",^.",""-"".,.,...,,..--.,, .- ,f" ~;~ 091"...'.121 becember 3, 1985 COIIII\1ssioner Holland st,ated that with the salary and the fringe benefits, it may be cheaper by contract. Mr. Ruck stated that the road projects are being accelerated and that is requiring a lot lIIore easements to be acquired so this position does not only involve the ~ssessment districts. He stated that there are a lot more County departments relying on the Real Estate Department to do research, land acquisitions, and easementS. Co~missioner Hasse questioned if another secretary would be needed, to which Mr. Kuck replied negativelY. Commissioner Voss stated that there will be I\ore and more projects as time goes on and it is a full time position. He stated that if it 1s done on a contract basis, it seems that the cost would be more than if the County used their own employee. Co..issioner Voss I\oved, .econded by co..issioner Goodnight and carried 4/1, (Co..issioner Bollan4 opposed) that the perl\anent position entitled MSTU Acquisition Agent be approved. Ite. 112 UP~TI or 201 FACILITIES ,LAM roR COLLIER COUNTY 8Y BOLE, MOVTES , ASSOCIATES IMC. MOT TO EXCEED $130 000 - AUTHORIZED Utilities Administrator Crandall stated that this is in accordance with a meeting that he had in Tallahassee a few months ago, adding that there will be grant lIIoney available for sewer construction. He stated that he met with the Secretary of DER and received a good indication that if the County gets an approved 201 Plan on the 1986 list and then on the 1987 list, the County would have a good chance of being eligible for some of the $82 million that is anticipated to be available for grant funds. He stated that the amount of money that he is asking to be spent would be more than compensated if the County received a grant. He noted that he would be asking for participation from the State of about $32 mi1l'ion in projects. He said that the East Naples area is one of the major projects that he is looking at. Commissioner Holland stated that he Is in doubt as to whether there is a sewer service area designated by the County and approved by the State. Mr. Crandall stated that there is not an area that has been approved by the State. Commissioner Holland questioned if the City has a sewer service agreement, to which Mr. Crandall stated that they are eligible for grant money so he assumes that there is an agreement. There was general discussion regarding the sewer and water area .. .. ---...-,..'""'."""^ """",,".--..- .. .. .. December 3, 1985 for Pelican BJY as to which area they w~uld like to be in. Assistant County Attorney Anderson stated that the County Water- Sewer District law clearly provides that no water or sewer facilities can be constructed within the w~ter-sewer district unless they have the approval of the Board. He noted that the development of pelican BaY and their special district lies ~ntirely within the boundari~s of the County Water-Sewer District and it is his office's position that the City of Naples cannot provide water service to pelican Bay except by consent of the Board of County Commissioners. Mr. crandall stated that they have met with pu1ican Bay and the City of Naples, adding that he cannot stop Pelican Bay from negotiating with the City, but when they are ready to construct facilities, they will need the County's perDission. Commissioner Holland stated that he has serious doubts that the boundaries of the 201 plan exist, adding that he does not think that it was approved by the c~unty or the state. Mr. Crandall stated that DER says that the 201 plan is completed, but it was never approved by the State and it is 7-1/2 years old. ße stated that if it is not updated, the County will not be eligible, but if it is updated and approved by the State, collier County will be eligible. County Manager Lusk stated that they met with DER in Tallahassee and their position was that if Collier county ever wanted state or Federal money, the 201 plan will have to be updated before they approve it. Mr. Tom Taylor, Engineer with Hole, Montes and Associates, stated that the City of Naples got an approved master plan and applied for a small cities grant which was approved. He stated that the boundarien were approved and about a year ago there was an agreement with the County on the boundaries of an interim sewer service area. Commissioner Voss indicated that the 201 plan has to be done or the County is going to fall way behind. Com~is.ioner Holland stated that it is not financially feasiblo to put a sewer system in Brookside and yet it is one of the areas that is' the biggest factor in polluting the Bay. Commissioner VoSS stated that is exactly why this plan should be updated, and if it is approved the County could receive some grant money that would make it feasible to put in a sewer system in Brookside. TIll)( 091,)q 128 Page 16 _....,_>.__,'~..--.",;,~"H ,._.,..... "..... ~ -,,¡. .,t;; j~~.: 4 . '~:. )., ~~~'. ,Ft.·:'. ",""..,"'~...--""- ," ,~~ 091",nlZ9 December 3, 1985 Assistant CQunty Attorney Anderson stated that on November 11, 1984, there was an addendum to the Water-Sewer Service Agreement between the City of Naples and the CQunty water-Sewer District which allowed the City to serve Naples Bath' Tennis, Gulf Gate Shopping Center, certain parts of Park Shore area, poinciana School and Village, as well as numerous other areas. T.~ 15 Mr. Irving Berzon stated that the 201 plan should be updated as it is outdated but his concern is that it was noted in the newspaper that the originial plan was not and is not a satisfactory plan and waS not approved by the State. He stated that he has a copy of the original plan that was reviewed and accepted-by the State and the EPA and to his knowledge it was adopted. He stated that the main reason that the County has nQt been in a favored position during the years from EPA or DER is because of the conflict that existed in 1978 between the city of Naples and the recommended plan which did not recommend as a first alternative for effluent disposal deep well injection which the city of Naples was very strongly committed to at that time. He noted that he does not believe that it should cost $130,000 to update the 201 plan as the master plan for the sewer service areas is underway and virtually complete. Mr. Crandall stated that he received word from DER officials in Tallahassee that to their satisfaction, the 201 plan was not an approved plan. Mr. Berzon stated that there was never any question in his mind that the plan that was adopted and submitted to Tallahassee in MaY, 1978, was an approved plan. He stated that if the plan was approved, it WQuld make a big difference as to the cost of updating it. He stated that in 1980, the Board authorized the update of Areas "C" and "D" portion of the plan and that updated report served as the basis for the adoption of the system development charges that the County is charging in Areas -C· and -D- today for sewer. Mr. Crandall stated that the people in Tallahassee gave him specific guidelines as to what would be needed before they would consider it to be eligible for grant money. Mr. Taylor stated that Staff and PRC prepared the estimate, adding that in the discussion with DER, it was noted that basically all the technical portions of the report WQuld have to be redone. He stated that the only thing that was acceptable was the environmental aspects. .. .. .. page " ""'-"'-"-"~';-"""""I!-''''''''------ .. .. .. December 3, 1985 County Manager Lusk stated that the East Naple. plant will cost about $6 ~illion and the possible grant money would be 50\, adding that it WQuld cost $130,000 to try and receive about $3 million. He stated that he feels that it is worth it and if the County ðoes not get the money, the plant is going to have to be built and the ultimate cost will end up in the sewer rates, adding that he feels that it is well worth the time to update the 201 plan. He stated that the Engineers could provide the County with a ~ore detailed breakdown if necessary. Co..lssioner B.... .ove4 that this ..tter be continue4 until a co_plete report i. receive4 fro. the Engineerin9 firm, DIR, an4 Staff. Motion died for lack of .econ4. co..i.sioner Vo.. aove4, .econ4e4 by Co..i.sioner Goodnight .n4 carrie4 un.nl.ouslY, tbat tb. update of the 201 racil1tle. ,l.n for Collier County be autborize4 a. propo.e4 by 801e, Monte. , Associate., in en ..ount not to exceed $130,000. , ~: , . ,. '.! Ir .,' . ",1 1·' \.' &00( 091".r.t130 --.---.- i ~ Page .. .. .. Ðecember 3, 1985 Ite. 113 ROUTIME BILLS - APPROVED rOR PAYMENT pursuant to Resolution 81-150 the following checks were issued through Friday, November 29, 1985, in payment of routine bills: CHECK DESCRIPTION CHECK NOS. AMOUNT Vendors BCC payroll IU.'U 136181 - 136407 22208 - 22788 $606,121.56 $263,693.14 8UDGET MEelDMmS 86-74/75 - ADOPTED Co..issioner Bolland .oved, .econde4 by Co..i..ioner Vo.. and carried unani.ously, that BUdget Aaend.ent. 86-74 an4 86-75 be adopte4. IU. U5 RICIIARD SJ:IDMORZ UAPPOl11TEÐ TO ISLES or CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE ,....... Co..iasioner Bas.e ~ve4, .econde4 by Co..i..loner Vo.. an4 carried un6niaous1y, that Richard Skid.ore be reappointe4 to I.les of Capri rire Control Di.trict Advisory Co..ittee for a two year tera with an expiration ðate of Deceaber 31, 1987. It.. 116 JUNE SINGER REAPPOINTED TO FOOD ISTABLISBKZNT REVIEW BOARD Co..i.sioner Bolland aoved, .econ4e4 by Co.-issloner VO.. and carrle4 unani.ously, that June Singer be reappointe4 to the Fo04 I.tabll.haent Review Board for a two year term with an expiration date of Dece.bar 31, 1987. Ite. 11 7 BID '907 AMARDED TO BIGBMAY 3PECIALTY CONTRACTORS, IMC. IN AMOUNT or $24,470.50 FOR POINCIANA SCBOOL ZONE GUARDRAIL IMPROVEMENTS AND STArr DIR&CTED TO LOOK llITO S.Al'ETY IMPROVEMØTS rOR CHILDREII AT THE AIRPORT ROAD AND ESTEY AVENUE CROSSING Legal notice having been pub1isheð in the Naples Daily News on October 16, 1985, as evidenced by Affidavit of publication filed with the Clerk, bids were receh",d for Bid '907 for poinciana School zone guardrail improvements until 2:'0 P.M. November 6, 1985. Commissioner Holland stated that he would like to commend Staff and Mr. Kuck for their work on the project, adding that he has been interested in it for the past three years. He stated that there are many areas that are in need of some type of protection for school &001( 091 pm 132 Page 19 ,i , . 091 13C') December 3, 1985 '011': P1',t ~ children, adding that there i. one area that has been brought to his attention in the last several w.eks. He stated that he believes that a child was hit at the intersection of Estey Avenue and Airport Road and h. would like the approval of the Commission to look into what improve- .ents could be made in that area that are affordable by the County for the safety of the children. C~i..ioner Bolland ~veð, .econ4e4 by Co.-i.sioner Voss an4 carrie4 unani.ously, that Bid '901 for poinciana School Zone Guardrail I.prov..ents be awarded to Bi9hvay Specialty Contractors, Inc. in the aaount of $24,410.50 and that Staff be in.tructed to inve.tigate .etbod. of i.proving the ..fety for cbildren at the corner of Estey Avenue an4 Airport Road. ..... Co..i..ioner Voss aove4, ..conde4 by Co.-i.sioner Bolland and carried unani.ous1Y, that the following it... under tbe Consent Agenda be approv.4 an4/or adopteds ..... Ite. 118 CONTRACT FOR PROFESSIOKAL LAKD SURVEYING SERVICES rROM BOLE, MONTES, , ASSOC. rOR BIGHWAY LIGHT POLE EASEMENTS, PINE RIDGE RD., JCT. U.S. 41 TO JCT. GOODLETTE-FRAN~ ROAD, C.R. 851, IN AMOUNT or $4,000 NJ'l'E: tQCUÐirr Jm RECEIVED IN CLERK 10 BOARD omCE IS OF 12/10/85, IU. 119 ACCEPTAlCE OF IMFORMATIØI PERTAIMIHG TO THE ACQUISITIOH OF DRAINAGE EASEMPTS 1M UIIIT MO. 1 MYRTLE COVE ACRES WHICH CONCLUDES EASEMENT ACQUISITION rOR THIS PROJECT. S.e Pag.. /4"- /57 Ite. '20 SERVICE AGREZMØTS WITH OCBOPEZ, IMOPLEI, PST MAPLES, AIID BIG CORKSCREW ISLAND FIRE COMTROL DISTRICTS See Page. 15 f -I C¡.3 Ite. '21 BID '85-911 FOR TEE-SBIRTS FOR PARKS , RECREATIOM AWARDED TO T-SHIRT EXPRESS IN APPROXIMATI AMOUNT or $3,21a.35. Legal notice having been published in the Naples Daily News on November 5, 1985, as evidenced ~y Affidavit 0:1 publication filed with the Clerk, bids were received for Tee-Shirts for Parks' Recreations until 2:30 P.M., November 2, 1985. .. .. .. :'f t ,.,...",-"'- .. .. .. December 3, 1985 Ite. 122 BUDGET MØ1)M1JIT ISTABLISBI1IIG THE 1985-86 PRIJlCIPAL AØD IHTERES'1' PAYMENT OM TB& '1Œ1'.AINOO SEWER AREA -A- BONDS It.. 123 ACCEPTAJIC& OF WATER rACILI'1'IES rOR BARCLAY'S CAPRI POIMT PHASE I PROJECT O.R. Book 1167 Page. 654-667 Ite. 124 COMlIRKATIOJI or GOVZIUIOR'S APPOIJI'1'MØ1' or ERNEST M.. rREZMAJI '1'0 '1'BB COLLIER COUNTY HOUSING AUTHORITY It.. 125 CERTIFICATES or CORRECTION TO THE TAX ROLL 1985 )los. 31-60 Dateð 11/7-11/19/85 Tangible per.onal pro~rty cate4 11/18-11/25/85 )lOS. 1985-47/59 Ite. 126 EXTRA GAIN TIME rOR I)lMATE MO. 32043 Ite. 127 MISCELLANEOUS CORRESPONDEKCE - rILED AND/OR REFERRED There being no objection, the Chair directed that the following miscellaneous correspondence be filed and/or referred to the various departments as indicated below: 1. Letter dated 11/18/85 from Deborah L. White, DER, enclosing application (File No. 111123279, The Conservancy, Inc.) for a dredge and fill permit. xc: Vickie MUllins, Dr. proffitt and filed. 2. Memorandum dated 11/15/85 from B. J. White, DNR, advising that a Land Acquisition Selection Committee meeting is scheduled for 11/25/85. xc: Vickie Mullins, Dr. proffitt and filed. Letter received 11/19/85 from Kalvin Nicholas, M.D., advising of change of address. xc: Mr. Co1ding, Mr. Carlton and filed. Notice received 11/20/85 from Land and Water Adjudicatory Commission re informal conference regarding Development Order 85-4 and Ordinance 85-6, parklands. xc: Pam Brangaccio, Vickie Mullins and filed. 3. 4. tOOK 0911'~r,í13~ ;.è';,,,f. ~:f!"";1, , ",~! , . ,'~i':~J.: I:: ~'1f.. ':$:~ .:....:~ JO¡', . ". ,~ : ., ·Jt ,.': .~f ~e ' ~ ' /1' '. ,'î'q,\ ·,J!~·~t ;;',I..'t,·,:i< '-1~~'i· ,.,!~~~, pag e 21 ,," m'~ 091mt135 December 3, 1985 s. Minutes from City of Naples - 11/06/85; Minutes from Golden Gate Community Center - 7/30/85, 08/27/85 and 09/24/85 - Filed. 6. Petition dated 11/11/85 from taxpayers of Collier County opposing a zoning change from agriculture to PUD on the proposed River Reach development. xc: Pam 8rangaccio, Vickie Mullins and filed. 7. Public Service Commission 11/21/85 Interim Order Granting Rate In~rease ref Limited Proceeding Regarding Recovery of Regulatory A&aessment Fees in Collier County, Florida. xc: Don Lusk, Tom Crandall, Druce Anderson and filed. .___. Rec.S.: 11140 A.M. - Reconvened: 1130 P.M. .--.- Tape 16 Ite. 128 NEGOTIATIOM TEAM DIRECTED TO PROCEED WITS RESOORCE RECOVERY PROJECT AS DEFINED BY TBI PROPOSAL or SBAWMUT/WESTINGHOUSE Assistant County Manager Dorril1 stated that several waeks ago, a Resource Recovery Negotiating Committee was appointed and in addition to himself, County Attorney Saunders, County Manager Lusk, Financial Advisor Fischer, and Dr. Stokes who served as Technical Advisor, they were supported by special counsel Gunster, Yoakly, Criser and Stewart of Palm Beach as well as various Staff members from the Solid Waste Department. He said that they met with both of the vendors during the past month. He stated that the purpose of the meeting this date is for the committeo to identify a single vendor .s a result of this process which will hopefully result in the County continuing to move toward the end of the year in hopes of an escrow financing arrangement and an executed service delivery contract. He noted that the emphasis on the report is to identify and compare the contract offers between the two firms, to spell out the sequence of events with critical dates for the remainder of calendar year 1985, and to explain the various events that could affect the calendar for the remainder of this year and finally, to identify the process for proceeding from this point forward. He stated that negotiations were opened by requesting that both of the vendors submit draft contracts and after having done so, the special counsel reviewed both of the contracts to determine the one that was most favorable in terms of the structure and organization. He stated that at that point, it was rewritten by Gunster, Yoakly, Criser and Stewart in the hope of putting more emphasis on County priorities and perhaps have a little more leverage in the County's favor. Mr. Dorri11 noted that the tipping fee analysis that has been P"9 e 22 .. .. .. ---~---,-,._,.. ~ !, "......,.'''''..,,-...- - - - December 3, 1985 discussed and is in his report is for the first and fifth years because it is general consensus that those are probably the most important and to look any further beyond that is a little difficult. He stat,d that the tipping fees for the first year are $21.13 for Dravo and $21.85 for Shawmut/westinghouse and in the fifth year it is $15.64 for Dravo and $15.84 for Shawmut/Westinghouse. H~ noted that the first year is being identified as 1989. He indicated that this represents an approximate increase of about 22\ over the estimated 1989 tipping fee if n~thing was done other than continue to landfill. He stated that based on 5\ inflation, it is estimated that th, tipping fee at the landfill would be around $18-20. He stated that added to the resource recovery fee is an additional $10.00 for on-going solid waste enterprise fund expenses, which includes both operations and the County's capital commitments if a resource recovery plant is going to be built, which includes an accesS road, a waterline, wastewater treatment obligations, and the installation of the power transmission lines and interconnect with the plant itself. He stated that if the first year's cost of $21.00 is added to that the $3.00 for County capital cost and $5-7 for on-going operational cost, the anticipated fee is about $30-32 in the first year for either one of the two firms. He noted that to the average resi- dential customer that currently receives a monthly bill of $8.00 a month, the expected increase to the monthly residential bill is estimated to be about $2.50-3.00 for a total of $11.00 a month for the average residential customer in the greater Naples area. He stbted that assumption, when discussing any of the tipping fee arrangements, is critical in terms of understanding what it is that he is talking about, adding that Exhibit ·8- of his report shows all the various assumptions. He indicated that the Exhibit -C· shows the various environmental considerations and the actual guarantees that were reached with both vendors as a resul~ of the negotiating process, and that the quarantees for the most part are similar with only minor exceptions. Mr. Corril1 noted that whi1e the Committee recognizes that the vendors cannot predict the future events concerning operating capacity or performance or what the actual environmental characteristics of the plant may be, there are a list of general feelings on the part of the Committee related to environmental and risk-sharing characteristics which he indicated he would read as part of the record. He noted that the feelings are that the Committee is of the opinion that neither ~oo~ 091 PAr,[ 136 page 23 ~ --.-->.."",."""""",., --.._-,.,,~'" ,f' '66( 091w,r137 Decelllber 3, 19S5 vendor has an existing facility compl.ted alth?ugh both vendors have executed contracts in the past 12 to lS months; both project technologies appear sound in terms of today'. Anvironmental and general performance characteristics that they are aware of, but it is recognized that the history of refuse drive fuel in this country has not been as successful as mass burn, both vendors, due to the large corporate nature of design, construct type entities that they are, appear to possess the ablity to design, construct and operate their separate proposed facilities; that the project site is in a very favorable location with neither space nor proximity concerns for the surrounding communities and that the construction and start up schedules appear reasonable and the· approximate lives of the plants will well meet the 20 year service agreements. Continuing, Mr. Dorri11 stated that a decision is needed this date or the project will be impossible to proceed within a timely fashion in order to meet the tax requirements. He reported that there are a series of conditions that have to be accomplished in order for the contract to be valid and escrow funds converted to permanent financing. He noted that paramount to this process is the completion of a favorable electricity sales agreement and some other items that have been identified as full perlllitting requirements having been met, bond validation, land lease executions, letter of credit considera- tions, and others. He stated that public sentiment is the most i~ortant item this date and while it is recognized that over the course of the last two years there has been no fewer than 20 public hearings and presentations, ~isconception may still exist. He stated that the ultimate cost of the facility will be the burden of either the user or the taxpayers of Collier County. He noted that the need to continue to s~rive for both a special Act of the legislature for solid waste flow control and a mandatory collection ordinance will have to be considered in order that the County can be assured that the guarantees to the vendor related to flow control and minimum waste tonage can be met. He indicated that if the project continues, the County will have on-going responsibilities even though it is a privatization type venture and the County will at some point need a Project Manager whose primary responsibility will be to oversee the project from the County's perspective. He noted that in summary the analysis has been quite thorough and has involved many hours of work and he would like to thank everyone that has contributed toward this, adding that the recommenda- .~. ¡.. Page - - .. - - .. December 3, 1985 tion in a majority opinion of the Committee was 3 to 1 with one abstention that the negotiation team be authorized to proceed with the project with the proposal that had been identified by the team of Sh aWlllu t/W. st i nghouse. County Manager Lusk stated that he would like the Commission to realize that a contract is not going to be signed this date, adding that this is to select a vend~r and the contract is still in the future. He stated that his vote was the -no· when the committee voted and he would like to explain why. He stated that he is not voting against res~urce recovery, he simplY has a fear that the Commission will sign a contract and three years from now a plant will be opened up with a tipping fee in the $50 range. He stated that he feels that this would be a mistake because if the County is paying $15.00 a ton n~W and it goes that high, the C~unty WQuld be better off staying in landfill. He stated that he has talk.d with different people since he voted yesterday and he feels that within the next few weeks certain guarantees can be looked at to be included in the contract. He stated that it is very important that if a vendor is selected this date, that the County Att~rney be instructed to look for some of the guarantees to keep the tipping fee within a reas~nab1e range. He noted that there are certain variables that can change the tipping fee, adding that the three variables that need to be lo~ked at is the interest rate thD project may be financed at, inflation, and also the electrical sales. He stated that if the tipping fees are not what the County would like then there should be an option that the County can pullout of the contract at no cost to the County. He stated that if he knew these things were going to be put in the contract, he would support the concept of resource recovery fully. County Attorney Saunders stated that both Dravo and ShaWlllut/ Westinghouse have exhibited a great interest in doing this project for Collier County, adding that he thanks both vendors. He stated that it was difficult to narrow this done to one vendor because of the willingness of both vendors to cooperate with the County. He reported that it is his estimation that ~he contract draft that the C~unty has with Shawmut/Westinghouse is superior to the one that was worked out with Dravo as far as the County's interest and the Company's interest. H. stated that there are still some items that need to be resolved like the ones that were mentioned by C~unty Manager Lusk. Mr. Dave Fischer, Financial Advisor, stated that he wanted to &OOK 091 PAr,£ 138 Page 25 ..-"".----."' ~. ~. '00(, 091P1r,t139 December 3, 1985 discuss the tipping fees a little because it gives the relationship of what it is going to cost the County and it gives an idea of how this project looks against other projects of similar size in the state of Florida and throughout the Nation. He stated that he would also like to cov~r privatization, adding that one of the reasons that the project was accelerated was becau1e of actions in the national level of legislation which could curtail the advantage of privatization of resource recovery, adding that this would take place with the loss of investment tax credit and also the loss of accelerated depreciation. He indicated that this project would not be as advantageouS for privatization after December 31, 1985, if the new laws go through. He stated that he also wants to cover the guarantees and the risks involved, adding that he wants to show that the vendor is at risk and there are certain economic factors that could take place where the vendor may not have a profit at all and could have a sizeable loss and he assumes those risks. He noted that the tipping fees become sensitive to interest rates and electric rates, which is why he prepared a sensitivity chart. He referred to the chart and gave some different examples. He stated that in the escrow bond issue a variable rate bond will be used which will be a much lower rate. He stated that if the County chose to go with a fixed rate coupon, the interest rate would be higher, adding that he prepared his sensitivity chart bas~d on an example of 9-1/2'. He indicated that by going with a fixed r~te coupon the tipping fees would increase between $6.50-$8.75. He noted that if the payment that the power company makes to the project is a penny less, which is a sensitivity factor to electric revenues, it would increase the tipping fee again. He noted that with both these factors added together, the tipping fees would be approximately $11-13 higher, which would mean instead of the tipping fee running between $21-$22 in 1989, they would be between $33-$37. He stated that these figures are indicated to show what might happen and it could happen with the financing if the type of financing was changed from variable to fixed rate. He stated that even with the sensitivity figures, these rates are considered low when compared with other projects. He stated that if the law changes and the County decided to do nothing for the time being, and then decided to go with a public facility, it would cost between $6.50-10.00 a ton difference which would mean that the tipping fee would be around $43.00 instead of $33.00 which is directly in line with what the public facility are paying today. He stated that "." Page 26 - - - ,"..._",~",...--_...- ... ",-,,-~""'-"-" .. .. .. December 3, 1985 this i~dicates that privatization means that in the case of the private vendor, he pays for 25\ of the project and Collier Cou~ty benefits by that. He ~oted that whe~ a system is privately owned, it is guara~teed to perform at basic levels for the life of the project, adding that if it is a public facility, vendors come in and put in differe~t parts which are guara~teed fro~ 48 hours to 30 days. He noted that a plant that is not privatized has a much shorter life on a lot of its parts. He stated that with reference to the guarantees and risks involved, there are two things that the vendor risks, one is the operation and maintenance cost which could lead to a loss if it is over the vendors projections; the second risk is electrical output. He reported that the vendor guarantees a certain electrical output and if for some reason the plant does not run as efficiently as he thought, he will not generate the revenues that he felt he would and the County do~s not guarantee that he will. He stated that these two items could run against the vendors projections and they are his responsibility and not the County's. Hr. Bill Montrone of PaineWebber stated that one of the reasons that the advantages of privatization is being discussed is that tllere is a tax law pending in Congress that has an effective date of January 1, 1986, that essentially says that if a plant is not placed in service by that date, all tax benefits associated with facilities like that would be lost which essentially elminates any be~efit at all from privatization at least from a cost standpoint not including risks. He noted that the House Ways and Means Committee has come out with a draft bill which has some very liberal transition rules on how projects that are currently underway get grandfathered in under the new law. He noted that the current proposal is to allow for any project that has a signed service agreement and goes to financing before the end of the year can take advantage of all the old tax benefits which are essentially the investment tax credit and the accelerated depreciation schedule. He stated that if the County wishes to go with resource recovery, there is a need for expediency before the end of the year. He noted the bond sizing which is do~e is based on four components, the gauranteed capital cost that the vendor bids; the amount of time and the guarantees that it will take the plant to be built; an assumed level of interest; and the level of reserves. He stated that in this partl ~ular case, the guaranteed construction costs are given by both vendors, they also bid a guarant~ed construction schedule, an assumed ~~.~~ 091 r~r,~ 140 Page 27 .. "'.....__.~,...",.,...,."".>.."."' ~..,-"-----""""'--,~"...-......""'.".,~.'""".,..'"".'''. ,. '001. 091p~r;(141 December 3, 1985 level of interest is at 6-1/2\ for funding the capitalized interest fund, and there is a full year's debt service reserve fund. Tape 17 ~r. M?ntrone stated that with this information a bond sizing is arrived at, and in this particular case for privatization, the bid level of equity that would be coming in is subjected from this which yields a principle amount that has to be amoritized over the life of the project which is 20 years in this case. He stated that they assumed a level amortization of principle and interest so that the payments would be exactly the same each y~ar which then becomes one of the major expcnse items that the pr~ject has to cover over the 20 year period. He stated that added to this is the guaranteed operation and maintenance price that the vendor has bid for the first year which escalates according to an agreed upon inde)( which means that a level of inflation has to be assumed over the period of the project to arrive at what the operation and maintenance cost would be each year. He stated that subtracted from that is the guaranteed electrical revenuo stream based upon the amount of tonnage going through the plant and the number of kilowatt hours per ton that the vendor has guaranteed to produce from each ton that they process. He stated that the one assumption that is made is the energy prices. Hg indicated that these are L~e three major components in terms of putting together a performer analysis; the basic enconomics of a resource recovery system; the debt service plus the operation and maintenance; and minus the energy credit. He stated that he would consider both of the contracts to be state-of-the-art in terms of the amount of municipal risk that the County '~uld have to bear. He noted that the way the projects are structured is that municipalities provide the site, the waste, and guarantee the ,waste and take the risk on uncontrollable events like changes in laws, tax laws up to a certain point, and changes in environmental law. He stated, that in instances, the negotiating team has been able to negotiate a good deal of sharing of those risk particularly on the uncontrollable events and indemnifying against tax law change. He stated that in terms of the long-term technical guarantees, they are state-of-the-art, adding that they are guaranteeing that the plant will process so many tons per year, generate so many kilowatt hours for each ton that it processes, and that it will comply with existing environmental law. He reported that if there is a change in the environmental law that requires a more Page 28 , ~ - .. .. _ I..-...-.."'__....·...··,,,"'_N..'".._- .. .. .. December 3, 1985 stringent type of technical apparatus, there are provisions '~rked ~ut in the contract for sharing of risk and how that would be divided between the company and the vendor. He n~ted that the plant has to comply with current environmental law. He stated that in terms of overall cost, b~th vendors were competitive and ~n the lower end of the range on a national level. Hr. Fischer stated that both vendors are close on the tipping fee, adding that it is his feeling that Shawmut/weatingh~use is more sensitive to interest rates than Dravo and they would produce more electricity than Drav~ and WQuld therefore, be more sensitive t~ the penny per kilowatt hour. He stated that the penny per kilowatt hour WQuld work both ways, noting that shawmut/westinghouse is more sensitive to more revenues as the kilowatt hours cost m?re~ He noted that on the financial side, the financial strength of these corporations become important. He noted that the corp~rate guarantees have to be str~ng and Shawmut/westingh?use versus Dravo would be stronger, adding that they are a larger company, they have an A-l rating on their debt which is strong. He stated that Dravo does not have a rating on their debt and that is because they do not have long-term debt. He noted that Shawmut/Westingh~use would be the one with the -deeper poCket-. He noted that Dravo is a large corporation and has a large network and has been in business a long time, but Shawmut/Westinghouse is stronger. Commissioner Voss questioned what would happen with the tipping fees at the landfill for construction materials, to which Assistant County Manager Dorril1 stated that the County would continue to have a tipping fee at the landfill for landclearing material and rubble that do not have to be placed in a lined cell and are n?t considered acceptable at the resource recovery plant. He stated that the tipping fee would be a reduced fee and would ~e kept by the County. Hr. Bob KrasowkSi, resident of Naples, voiced his concerns regarding dioxins in the environment. Mrs. Charlotte Westman, representing the League of Women Voters indicated that the League's position is that they are in favor of res?urce recovery to replace landfill, that they favor a method that will insure the least environmental impact over the 20 year period planned, recover and reuse a$ many materials as possible, fiave the potential to virtually elminiate landfill, protect the interest of the citizens with a financially strong vendor, and the cost should &OO~ 091 PAGl142 Page 29 -,."",....,,.,~...._----,--"'-------_.,,--...."'.,...-..., ,. -..... ,..' 'OO( 091PAr.t143 December 3, 1985 commensurate with the benefits obtained. She stated that the Commission should proceed at once and not wait any longer. Mr. Jim McGrath of 650 Banyan Circle stated that he w~uld like to compliment the Commissioners with regards to proceeding with a resource recovery plant, but his concern is the fact that the vendors want to reap the profits while the taxpayers assume the risk. He stated that this should have been done by a referendum to let the taxpayers decide if they want a resource recovery plant, as this is not something that should be rushed into. Tape 18 Mrs. Kathleen Ennis, ~e~ber of the Solid Waste Advisory Committee, stated that for 17 months the Solid Waste Advisory Committee has been meeting and prior to that the Technical Advisory Committee was meeting, adding that they have proceeded slowly, steadily, and deliberatelY regarding the evaluation of resource recovery. She stated that the \. only rush is a financial rush and has nothing to do with the technical or environmental aspects of the proposal that is being recommended this date. She stated that if proceedings are de1aved, it will only cost more money. She reported that her primary interest has always be~n from an environmental standpoint. She reported that the tipping fees can be held down by resource recovery because th~re is no need for extra fees added on because of continuing landfill costs. Mr. Jim Flagler of 3403 Boca ciega Drive stated that he is excited about a resource recovery plant, but just because tax laws are going to change, that is no reason to make an $80 million decision. He noted that the water and air should be protected at all costs and all Federal and State emission control standards should be met to the letter, adding that the C~unty must be sure that the permits can be revoked if such standards are not met. Mr. George Keller, president of the Collier County Civic Federation, stated that the landfill is a bad thing and the County cannot afford to pollute the water. He stated that he is not at ease with the 420 ton guarantee as Staff indicates that 240 tons are generated and the County will be penalized for this. Assistant County Manager Dorrill stated that currently at the Naples Landfill alone there are 500 tons a day generated. He stated that about 20\ of anything that goe8 into the landfill is unacceptable for the purposes of burning, adding that 20\ of 500 tons leaves about 420 tons a day that is acceptable. Page 30 - - .. _'."'_"M", .. .. .. December 3, 1985 Mr. Keller noted that the public should know that this is not going to be an inexpensive issue and their monthly bills are going to be considerably more. He noted that he fee18 that landfill i8 the worst thing that can be done, adding that he has been very impressed with what has been done. He stated that he feels that Sha'~ut/ Westinghouse will be very receptive to giving the County a contract that everyone can live with. Kr. Glen Thornton, 1261 Trail Terrace Drive, stated that he believes that this resource recovery is something that is definitely needed, but he is concerned with the safety of people due to the explosions during the RDF shredding process. Mr. John Kescl1, representing organized labor, stated ,that Shawmut/Westinghouse may have more capital and is larger, but it also has moro bond obligations, noting that this is not a gOQd reason to select a company. He stated that the taxpayers are going to pay one way or the other and he would suggest that the County wait until Shdwmut/Westinghouse comes up with a feasible tipping fee. Mr. Tony Licata, representing Dravo, stated that he would like to thank eVfryone involved for the cooperation and courtesy that Dravo Corporation has received throughout the entire cycle. He stated that he is disappointed that they were not recommended as the number one firm, but he would like to commit to the Commission that the contract documents that were prepared are still valid until December 31, 1985, if the County should decide in their favor at a later date. He noted that if the contract with ShaW1'ut/Westinghouse does not work out in the future, they will still be pleased to come back and work with the County. Commissioner Voss stated that he received a letter from Dr. Polkowski, the Health Department Director, which indicates that she contacted several individuals in the EPA and the CBC to inquire about dioxin emissions associated with waste incineration and was told that the foll?wing ingredients lead to' a safe operating plant, have a well designed plant with criteria for what is entering the plant, have a well trained staff who know what they are doingJ have a good monitoring system in place with backup procedures. He stated that Dr. Reyna Kimbro, toxicologist at the Center for Diseaue Control indicated to Dr. Polkowski that there should be no health c?ncerns with a well operated pl ant. Mr. George Varnadoe, Attorney representing Shawmut/Westinghouse, &;~ 09Iw,£14l page 31 _", ____oiI_'"",..".'...'q,.'''',"".,.,~,..-..",; ,';,.",,,,," ,n.'·"" I" 'OO( 091,lr.{ 145 December 3, 1985 stated that with reference to Commissioner Holland and County Manager Lusk'S concerns, he noted that in the contract, there is a provision that if the interest rate exceeds 7-1/2\, the County does not have to bring thv bonds out of escrow. He noted that there will be a closing prior to December 31, 1985, to put the bonds into escrow and then there is another closing at a later date to bring the bonds out of escrow. He noted that before the second closing there will be an electric sales contract in place. Be stated that there is a general protection in the contract as to the electric sales price and they would be willing to have a cap on that as far as it going down, and if it goes beyond a. certain level, they would agree that the County would not have to bring ~. the bonds out of escrow which thus would guarantee as to a tipping fee. Commissioner Holland questioned when these concerns would be answered, to which County Manager Lusk stated that he feels that the contract that the Commission will be asked to sign in the next few weeks should address those concerns. He noted that the guarantees need to be in the contract. Commissioner Holland questioned what the difference would be after January 1, 1986, if the law is changed as proposed, to which Mr. Fischer stated that if the laws change after January 1, 1986, and it is no longer advantageouS to have a private facility, the increase in the tipping fee could range anywhere between 22-30\ upward, adding that would mean $7-10 a ton more. Commissioner Holland questioned if Mr. Fischer had any problems with the guarantees that County Kanager Lusk was concerned about, to which Mr. Fischer stated that he does not have any problem with the guarantees, but this is something that will be negotiated, adding that they are negotiating all the time to get the best deal possible and he will certainly take this into consideration when negotiating. Commissioner Holland questioned who would pay for the fees up to this point, if for some reason this contract did not go through? Mr. Fischer stated that ~s far as people involved in the bond issue, issuance cost, there would be very little in the way of fees, adding that everybodY waived their fees until the point that the bonds actually come out of escrow and there actually is a deal. He stated that this would be when all the permits are in line and the validation of the bonds, and if this does not happen within 6 or 9 months from noW and there is no deal, the bond people do not get paid. He noted that there are costs like the HDR feasibility study and some attorneys that Page 32 .. .. .. --~^~--_._._--_. .. .. .. .M· Cecember 3, 1985 worked with the contract negotiations. County Attorney Saunders stated that as far as the risk of the cost of issuance, Westinghouse has agreed to assume the cost of issuance for those costs that cannot be deferred, like the cost of printing, marketing, etc. if the project did not go forward. He noted that as far as the contract is written at this point, there are certain conditions precedent to the County proceeding, adding that one is that there be an electric sales agreement and another is a 7-1/2\ cap on interest rates. He stated that another is a maximum tipping fee, adding that if on the date, that the County is ready to break escrow and those conditions precedent are met, then escrow will be broken and the project will go forward. He stated that he needs to work with westinghouse to work in some caps on those three potential escalators. Mr. Dave Gayser of Shawmut/Westinghouse stated that he would be happy to work with the County to put those items together in a way that the protection that can indeed be afforded the County in these areas is in fact provided in those contracts. He stated that there are ways that he can provide for an interest rate swap that would allow for a cap to be put on even low floaterS which are not fixed rate coupon bonds at 9\, in fact, they would be much closer to the rates that are being quoted for the low floaters. He noted that this is one of the areas that can be within the contract. He noted that he will work with the negotiating committee to get these items in place without an exhorbitant tipping fee. Commissioner Hasse questioned what type of protection the County has if the plant fails, to which Mr. Gayser stated that the best assurance is that there is a plant in Baltimore that is operating doing the exact thing at appro)(imatelY the same rate and has been for ten years and that plant and the people that operate it are part of the team. He stated that the assurance that he has in making the guarantees with respect to performance 1s that he has personally been to these plants and seen them operate. He stated, with respect to the County's protection, westinghouse will be contractually obligated to perform certain things and if they cannot perform those things, they are fixed or liquidated damages which are provided for, whereby the County is not left holding a pl~nt that does not operate. He stated that he is providing guarantees that say when Shawmut/Westinqhouse is through, the plant wii. .ork, and guarantees that say if there is more waste diverted or more ash produced than what is guaranteed in tha '~oK 091p1r.,146 ',. } Pag;,} 33 ____.~_."_......~,.""'....,,..."""'~-,.,'~.,.'."'.,,."..."., ". 'OD( 091W,t147 December 3, 1985 contract, shawmut/Westingh~use will pay the c~unty for that so that in all of the instances ~f perfor~ance including that of scheduling performance and the actual technical performance of completion of the plant, they are warranting it to the County and standing behind it to the full extent of the indebtedness. In answer to Commissioner Hasse, Mr. Gayser stated that the time period is 24 months from the time of permit until the time of commencement or operation. Commissioner Voss questioned what happens to the RDF if the plant is down for scheduled maintenance, to which Mr. Gayser stated that there are two trains of boilers, so· they would continue to burn in one train of that, adding that in terms of the municipal solid waste coming in, they have provided the capability to pelletize that and they would continue to keep taking the municipal solid waste even if both of the boiler trains are down, pelletizing it and storing it for fuel for later use. Commissioner Voss stated that various people in this county have done a fine job, and he concurs with their recommendation. Commissioner Goodnight stated that she would like to thank everyone that has been involved, adding that she feels very adequate in making the decision that she has to make this date. She stated that the information that has been presented has really helped her in ~aking her decision. Commissioner pistor stated that he feels that it is unfortunate that there are some people that think there is a possibility of contaminates being created, adding that the amount of contaminates under the contract that are expected to be emitted from this plant are insignificant., lid stated that in making a do!dsion this date will not in anyway be harmful to the people of Collier County, adding that it will be beneficial in many ways. He stated that this is possibly a momentus occasion in the life of Collier County. In answer to Commissioner Hasse, County Attorney Saunders stated that after the County Commission and the selected vendor execute a contract and the escrow closing has taken place, there are certain conditions precedent that must be accomplished prior to actually breaking ground on the project. Hø stated that those are not the types of conditions precedent which one can simply say that they do not want to do resource recovery, so the electric sales agreement will not be negotiated or the environmental permit will not be obtained. He noted Page 34 - - ,,--"''''',._.~.,'''"-...,._...~,._,'-- --- ..,--.....--.. .. ria .. December 3, 1985 that the County will be under an obligation to use its best efforts to successfUllY accomplish all conditions precedent and if the County attempts to use them as an eXCuse, the County would be subject to liability and breach of contract. He stated that the real point of commitment is when the service agreement is executed and'the escrow closing has taken place this year. Coamlssioner Goodn19ht .oved, seconded by Commissioner Voss and carried unani.ously, that the We90tiatlon '1'ea. be directed to procee4 with the Resource Recovery project a. 4efined by tr.e proposal of shawaut-we.tinghouse. . . . . . . . There being no further business for the Good o( the County, the meeting was adjourned by Order of the Chair - Time: 3:30 P.M. BO~RD OF COUNTY CQMMISIONERSI BO~RD OF ZON ING APPEALS':EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ().~ ATTESTs WILLIA~IJ. REAGAN, CLERK '\)\1 '10 "I' ...~.......,.¿7lß',u' ~ . C,. ," .. .,... ~ ;( v~ .' '..,:' .' ~ _ '1'. . ./Jc ". ..,,;(,/. , I, & ø . . r~ ,~.,~.,,~!~~.,~.f'P'~ the Bee on . ;{'7.,;//J'.r--- ¿r~,Pt~s~nte~.~ _ or as corrected I, <;~'\,\" 'OO( 091w.tl4.8 : ;:r P3ge 35 - ,-~",-,-"--"",.",~y,~;"",_...>_.,-_.....-...---..",'""~"",_-,~---"",,-;"",,,,,---....